Trans Atlantic Freight Pty Ltd v Olympic Airways S.A. [1987] FCA 474

Trans Atlantic Freight Pty Ltd v Olympic Airways S.A. [1987] FCA 474

The applicant did not establish a sufficient case for interlocutory relief, as it was admitted he was informed by February 1985 of the commission scale based on ticket sales and flown revenue, and there is no evidence he resumed acting as an agent for Olympic in 1987 as a result of the alleged misrepresentation.

Parties
Applicant: Trans Atlantic Freight Pty Limited; Respondent: Olympic Airways S.A.
Jurisdiction
Australia
Judgment Date
11 August 1987
Procedural Posture
Application / Interlocutory
Outcome
application dismissed
Legal Topics
Misrepresentation, Trade Practices, Interlocutory Relief, Commission Structure
Commercial Law Misrepresentation Trade Practices Interlocutory Relief Commission Structure

Case Brief

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Parties

Trans Atlantic Freight Pty Limited

Applicant

Olympic Airways S.A.

Respondent

Procedural Posture

Application / Interlocutory

Legal Issues

  1. 1 Whether Olympic Airways misrepresented the commission structure to the applicant
  2. 2 Whether applicant entitled to interlocutory relief pending determination of Trade Practices Act claim

Ratio Decidendi

The applicant did not establish a sufficient case for interlocutory relief, as it was admitted he was informed by February 1985 of the commission scale based on ticket sales and flown revenue, and there is no evidence he resumed acting as an agent for Olympic in 1987 as a result of the alleged misrepresentation.

Court Disposition

application dismissed

Orders

  • The application is dismissed.